Bill Text: NY S08521 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes a districting commission to draw senate, assembly and congressional districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-03 - REFERRED TO RULES [S08521 Detail]
Download: New_York-2009-S08521-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8521 I N S E N A T E December 3, 2010 ___________ Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 3 of the constitution, in relation to senate, assembly and congressional districts, and to repeal sections 2, 3, 4, 5, 5-a and 7 of such article relating thereto 1 Section 1. RESOLVED (if the Assembly concur), That sections 2, 3, 4, 2 5, 5-a and 7 of article 3 of the constitution are REPEALED and six new 3 sections 2, 3, 4, 5, 7 and 7-a are added to read as follows: 4 S 2. NUMBER AND TERMS OF SENATORS AND ASSEMBLY MEMBERS. THE SENATE 5 SHALL CONSIST OF SIXTY-ONE MEMBERS. THE ASSEMBLY SHALL CONSIST OF ONE 6 HUNDRED AND FIFTY MEMBERS. THE MEMBERS OF THE SENATE AND ASSEMBLY SHALL 7 BE ELECTED IN EVEN-NUMBERED YEARS FOR TERMS OF TWO YEARS. 8 S 3. ESTABLISHMENT AND ALTERATION OF SENATE, ASSEMBLY AND CONGRESSION- 9 AL DISTRICTS. A. THERE SHALL BE A DISTRICTING COMMISSION TO DRAW 10 SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS, SO THAT ALL THE PEOPLE OF 11 NEW YORK MAY BE FAIRLY REPRESENTED. THE DISTRICTING COMMISSION SHALL 12 CONSIST OF NINE MEMBERS. NO PERSON SHALL BE A MEMBER OF THE DISTRICTING 13 COMMISSION WHO IS NOT A REGISTERED VOTER IN THE STATE OF NEW YORK, AND 14 WHO HAS NOT BEEN, AT THE TIME OF APPOINTMENT, A RESIDENT OF THE STATE OF 15 NEW YORK FOR FIVE YEARS. NO MEMBER OF THE SENATE OR ASSEMBLY, NO MEMBER 16 OF CONGRESS, AND NO PERSON HOLDING JUDICIAL OFFICE, SHALL BE A MEMBER OF 17 THE DISTRICTING COMMISSION. THE TEMPORARY PRESIDENT OF THE SENATE, THE 18 MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE 19 MINORITY LEADER OF THE ASSEMBLY SHALL EACH APPOINT TWO MEMBERS FOR A 20 TERM OF TEN YEARS COMMENCING ON THE FIRST DAY OF APRIL OF THE YEAR 21 PRECEDING THE YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS IS TAKEN, 22 EXCEPT THAT, IF THIS SUBDIVISION SHALL BECOME EFFECTIVE AFTER SUCH DATE, 23 THE TERMS OF THE MEMBERS SHALL COMMENCE ON THE FIFTEENTH DAY OF JANUARY 24 OF THE YEAR IN WHICH THIS SUBDIVISION SHALL BECOME EFFECTIVE. IF A SEAT 25 ON THE COMMISSION SHALL FALL VACANT, THE OFFICER OF THE LEGISLATURE WHO 26 APPOINTED THE ORIGINAL MEMBER SHALL APPOINT A MEMBER TO COMPLETE THE 27 UNEXPIRED TERM; EXCEPT THAT, IF MORE THAN TWO MEMBERS APPOINTED BY THE 28 OFFICERS OF EITHER HOUSE WOULD THEN HAVE BEEN APPOINTED BY AN OFFICER OF 29 THE SAME PARTY, THEN THE OTHER OFFICER OF THE SAME HOUSE SHALL APPOINT A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89213-02-0 S. 8521 2 1 MEMBER TO FILL THE VACANCY. THE NINTH MEMBER, WHO SHALL BE THE CHAIR OF 2 THE COMMISSION, SHALL BE APPOINTED, SUBJECT TO THE ASSENT OF THE GOVER- 3 NOR, BY A VOTE OF AT LEAST SIX OF THE OTHER EIGHT MEMBERS, INCLUDING AT 4 LEAST ONE APPOINTED BY EACH APPOINTING AUTHORITY, TO A TERM THAT SHALL 5 EXPIRE AT THE SAME TIME AS THE TERMS OF THE OTHER MEMBERS. 6 B. THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE ESTAB- 7 LISHED BY A VOTE OF AT LEAST FIVE MEMBERS OF THE DISTRICTING COMMISSION, 8 INCLUDING THE AFFIRMATIVE VOTE OF THE CHAIR OF THE COMMISSION. THE PLANS 9 OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS ESTABLISHED BY THE 10 DISTRICTING COMMISSION SHALL HAVE THE EFFECT OF LAW. THE DISTRICTING 11 COMMISSION SHALL ESTABLISH THE SENATE, ASSEMBLY, AND CONGRESSIONAL 12 DISTRICTS AT THE SAME TIME, AND NO LATER THAN THE LAST DAY OF MARCH OF 13 THE SECOND YEAR FOLLOWING THE YEAR IN WHICH THE FEDERAL DECENNIAL CENSUS 14 IS TAKEN, AND SHALL AT THAT TIME ISSUE A REPORT EXPLAINING HOW THE 15 DISTRICTS COMPLY WITH THE REQUIREMENTS OF SECTION FIVE OF THIS ARTICLE. 16 SUCH DISTRICTS SHALL BECOME EFFECTIVE FOR THE NEXT ENSUING GENERAL 17 ELECTION OF SENATORS, ASSEMBLY MEMBERS, AND MEMBERS OF CONGRESS. THE 18 SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL REMAIN UNALTERED 19 UNTIL AFTER THE SUBSEQUENT FEDERAL DECENNIAL CENSUS, EXCEPT THAT, IF AN 20 ALTERATION OF SUCH DISTRICTS SHALL BE ORDERED BY A COURT OF COMPETENT 21 JURISDICTION, OR IF SUCH DISTRICTS SHALL BE PREVENTED FROM TAKING EFFECT 22 PURSUANT TO THIS ARTICLE OR TO ANY PROVISION OF THE CONSTITUTION AND 23 LAWS OF THE UNITED STATES, THE DISTRICTING COMMISSION SHALL MAKE THE 24 ALTERATIONS NECESSARY TO PROVIDE A REMEDY. ALL VOTES OF THE COMMISSION 25 SHALL BE TAKEN AT PUBLIC MEETINGS, AND THE COMMISSION SHALL CAUSE TRAN- 26 SCRIPTS OF ALL MEETINGS AND HEARINGS, INCLUDING ALL TESTIMONY SUBMITTED 27 IN WRITING, TO BE MADE PUBLICLY AVAILABLE. THE COMMISSION SHALL PROMOTE 28 INFORMED PUBLIC UNDERSTANDING OF, AND PARTICIPATION IN, THE PROCESS OF 29 REDISTRICTING, BY SUCH MEANS AS PROVIDING INFORMATION TO THE PUBLIC, 30 HOLDING HEARINGS, AND ENCOURAGING SUBMISSION OF PROPOSALS. 31 C. THE LEGISLATURE SHALL MAKE NECESSARY APPROPRIATIONS FOR THE 32 EXPENSES OF THE DISTRICTING COMMISSION, PROVIDE FOR COMPENSATION AND 33 REIMBURSEMENT OF EXPENSES FOR THE MEMBERS AND STAFF OF THE COMMISSION, 34 ASSIGN TO THE COMMISSION ANY ADDITIONAL DUTIES THAT THE LEGISLATURE MAY 35 DEEM NECESSARY TO THE PERFORMANCE OF THE DUTIES STIPULATED IN THIS ARTI- 36 CLE, AND REQUIRE OTHER AGENCIES AND OFFICIALS OF THE STATE OF NEW YORK 37 AND ITS POLITICAL SUBDIVISIONS TO PROVIDE SUCH INFORMATION AND ASSIST- 38 ANCE AS THE COMMISSION MAY REQUIRE TO PERFORM ITS DUTIES. 39 D. SUBJECT TO SUCH REASONABLE REGULATIONS AS THE LEGISLATURE SHALL 40 ENACT, THE DISTRICTING COMMISSION SHALL, AS MAY BE NECESSARY TO PERFORM 41 ITS DUTIES, HIRE STAFF, ENTER INTO CONTRACTS, CONDUCT RESEARCH, HOLD 42 HEARINGS, AND COMMUNICATE WITH THE PUBLIC; SHALL ASSEMBLE AND MAINTAIN 43 SUCH GEOGRAPHIC, DEMOGRAPHIC, ELECTION, AND VOTER REGISTRATION DATA AS 44 MAY BE NECESSARY FOR THE ANALYSIS AND EVALUATION OF PROPOSED AND ESTAB- 45 LISHED PLANS OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS, INCLUD- 46 ING, BUT NOT LIMITED TO, THE COMPLIANCE OF SUCH PLANS WITH THE 47 PROVISIONS OF THIS ARTICLE AND WITH THE CONSTITUTION AND LAWS OF THE 48 UNITED STATES; AND SHALL CAUSE ALL SUCH DATA, AND ALL EXPERT REPORTS, 49 RESULTS OF ANY OTHER RESEARCH CONDUCTED UNDER A CONTRACT ENTERED INTO BY 50 THE COMMISSION, AND PROPOSALS FOR DISTRICTS SUBMITTED BY THE PUBLIC, TO 51 BE MADE PUBLICLY AVAILABLE. 52 S 4. JUDICIAL REVIEW OF DISTRICTS. THE SENATE, ASSEMBLY, AND CONGRES- 53 SIONAL DISTRICTS SHALL BE SUBJECT TO REVIEW BY THE SUPREME COURT, AT THE 54 SUIT OF ANY CITIZEN, UNDER SUCH REASONABLE REGULATIONS AS THE LEGISLA- 55 TURE MAY PRESCRIBE. ANY COURT BEFORE WHICH A CAUSE MAY BE PENDING 56 INVOLVING THE ESTABLISHMENT AND ALTERATION OF SUCH DISTRICTS, SHALL GIVE S. 8521 3 1 PRECEDENCE THERETO OVER ALL OTHER CAUSES AND PROCEEDINGS, AND IF SAID 2 COURT BE NOT IN SESSION IT SHALL CONVENE PROMPTLY FOR THE DISPOSITION OF 3 THE SAME. SUCH COURT SHALL HAVE AUTHORITY TO APPOINT REFEREES, TO ENGAGE 4 THE ASSISTANCE OF EXPERTS, AND TO COMPEL THE ASSISTANCE OF THE DISTRICT- 5 ING COMMISSION AND ITS STAFF, AS IT MAY DEEM NECESSARY TO THE DISPOSI- 6 TION OF A SUIT BROUGHT UNDER THIS SECTION. IF THE DISTRICTING COMMISSION 7 SHALL FAIL TO ESTABLISH SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS BY 8 THE DATE SPECIFIED IN SUBDIVISION B OF SECTION THREE OF THIS ARTICLE, OR 9 IF A COURT REVIEWING DISTRICTS PURSUANT TO THIS SECTION FINDS THE ESTAB- 10 LISHMENT OR ALTERATION OF ANY SUCH DISTRICTS TO BE CLEARLY ERRONEOUS 11 UNDER ANY PROVISION OF THIS ARTICLE, OR OF THE CONSTITUTION AND LAWS OF 12 THE UNTIED STATES, THE COURT SHALL ORDER THE COMMISSION TO ESTABLISH 13 SUCH DISTRICTS OR MAKE SUCH ALTERATIONS AS NECESSARY TO PROVIDE A REME- 14 DY, WITHIN SUCH TIME AS THE COURT MAY REQUIRE, OR SHALL ITSELF ESTABLISH 15 SUCH DISTRICTS OR MAKE SUCH ALTERATIONS AS THE COURT DEEMS NECESSARY. 16 S 5. CRITERIA FOR DISTRICTS. A. THE DIFFERENCE IN POPULATION BETWEEN 17 THE MOST AND LEAST POPULOUS SENATE DISTRICTS SHALL NOT EXCEED TWO 18 PERCENT OF THE MEAN POPULATION OF ALL SENATE DISTRICTS, AND THE DIFFER- 19 ENCE IN POPULATION BETWEEN THE MOST AND LEAST POPULOUS ASSEMBLY 20 DISTRICTS SHALL NOT EXCEED TWO PERCENT OF THE MEAN POPULATION OF ALL 21 ASSEMBLY DISTRICTS. 22 B. ALL CONGRESSIONAL DISTRICTS SHALL BE AS NEARLY EQUAL IN POPULATION 23 AS IS PRACTICABLE. 24 C. EACH DISTRICT SHALL CONSIST OF CONTIGUOUS TERRITORY; NO DISTRICT 25 SHALL CONSIST OF PARTS ENTIRELY SEPARATED BY THE TERRITORY OF ANOTHER 26 DISTRICT OF THE SAME BODY, WHETHER SUCH TERRITORY BE LAND OR WATER, 27 POPULATED OR UNPOPULATED. A POPULATED CENSUS BLOCK SHALL NOT BE DIVIDED 28 BY A DISTRICT BOUNDARY, UNLESS IT CAN BE DETERMINED THAT THE POPULATED 29 PART OF SUCH BLOCK IS WITHIN A SINGLE DISTRICT. 30 D. THE WHOLE NUMBER OF PERSONS REPORTED IN THE FEDERAL DECENNIAL 31 CENSUS SHALL BE THE BASIS FOR DETERMINING POPULATIONS FOR THE PURPOSES 32 OF THIS ARTICLE, EXCEPT THAT, FOR THE PURPOSE OF DETERMINING THE POPU- 33 LATIONS OF SENATE AND ASSEMBLY DISTRICTS, NO PERSON SHALL BE DEEMED TO 34 HAVE GAINED OR LOST A RESIDENCE BY REASON OF CONVICTION AND INCARCERA- 35 TION IN A FEDERAL OR STATE CORRECTIONAL FACILITY. 36 E. SENATE, ASSEMBLY, OR CONGRESSIONAL DISTRICTS SHALL NOT BE ESTAB- 37 LISHED THAT RESULT IN A DENIAL TO MEMBERS OF RACIAL AND LINGUISTIC 38 MINORITY GROUPS OF AN EQUAL OPPORTUNITY WITH OTHER CITIZENS TO PARTIC- 39 IPATE IN THE POLITICAL PROCESS AND TO ELECT THE REPRESENTATIVES OF THEIR 40 CHOICE. THE PRINCIPLES STATED IN SUBDIVISION F OF THIS SECTION SHALL BE 41 USED TO CREATE DISTRICTS THAT WILL AFFORD FAIR REPRESENTATION TO THE 42 MEMBERS OF THOSE RACIAL AND LINGUISTIC MINORITY GROUPS WHO ARE SUFFI- 43 CIENTLY NUMEROUS AND WHOSE RESIDENTIAL PATTERNS AFFORD THE OPPORTUNITY 44 OF CREATING DISTRICTS IN WHICH THEY WILL BE ABLE TO ELECT REPRESEN- 45 TATIVES OF THEIR CHOICE. 46 F. SUBJECT AND SUBSIDIARY TO THE REQUIREMENTS OF SUBDIVISIONS A, B, C, 47 D AND E OF THIS SECTION, THE FOLLOWING PRINCIPLES SHALL BE FOLLOWED IN 48 THE CREATION OF SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS. A PRINCI- 49 PLE WITH A LOWER NUMBER SHALL HAVE PRECEDENCE OVER A PRINCIPLE WITH A 50 HIGHER NUMBER. 51 1. TO THE EXTENT PRACTICABLE, COUNTIES SHALL NOT BE DIVIDED IN THE 52 FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN A COUN- 53 TY. WHERE SUCH DIVISION OF COUNTIES IS UNAVOIDABLE, MORE POPULOUS COUN- 54 TIES SHALL BE DIVIDED IN PREFERENCE TO THE DIVISION OF LESS POPULOUS 55 COUNTIES. S. 8521 4 1 2. TO THE EXTENT PRACTICABLE, COUNTY SUBDIVISIONS SHALL NOT BE DIVIDED 2 IN THE FORMATION OF DISTRICTS, EXCEPT TO CREATE DISTRICTS WHOLLY WITHIN 3 A COUNTY SUBDIVISION. FOR THE PURPOSES OF THIS ARTICLE, A COUNTY SUBDI- 4 VISION SHALL BE A CITY, EXCEPT THE CITY OF NEW YORK, A TOWN, OR AN INDI- 5 AN RESERVATION WHOSE TERRITORY IS EXCLUSIVE OF THE TERRITORY OF ANY CITY 6 OR TOWN. COUNTY SUBDIVISIONS WITH LARGER POPULATIONS SHALL BE DIVIDED IN 7 PREFERENCE TO DIVISION OF THOSE WITH SMALLER POPULATIONS. 8 3. TO THE EXTENT PRACTICABLE, INCORPORATED VILLAGES SHALL NOT BE 9 DIVIDED IN THE FORMATION OF DISTRICTS. 10 4. THE SENATE, ASSEMBLY, AND CONGRESSIONAL DISTRICTS SHALL BE AS 11 COMPACT IN FORM AS IS PRACTICABLE. 12 5. TO THE EXTENT PRACTICABLE, A SENATE, ASSEMBLY, OR CONGRESSIONAL 13 DISTRICT SHALL UNITE COMMUNITIES DEFINED BY ACTUAL SHARED INTERESTS, 14 TAKING ACCOUNT OF GEOGRAPHIC, SOCIAL, ECONOMIC, AND OTHER FACTORS THAT 15 INDICATE COMMONALITY OF INTEREST, AND DISTRICTS SHALL BE FORMED SO AS TO 16 PROMOTE THE ORDERLY AND EFFICIENT ADMINISTRATION OF ELECTIONS. 17 6. TO THE EXTENT PRACTICABLE, THE RESIDENCES OF TWO OR MORE INCUMBENT 18 MEMBERS OF THE SAME BODY SHALL NOT BE PLACED IN THE SAME DISTRICT OF 19 SUCH BODY, AND THE RESIDENCES OF INCUMBENT LEGISLATORS AND MEMBERS OF 20 CONGRESS SHALL BE INCLUDED IN THE DISTRICT WITH THE LARGEST NUMBER OF 21 THEIR EXISTING CONSTITUENTS, BUT THE REQUIREMENTS OF SUBDIVISIONS A, B, 22 C, D AND E OF THIS SECTION, AND OF PARAGRAPHS ONE, TWO, THREE, FOUR AND 23 FIVE OF THIS SUBDIVISION, SHALL ALWAYS TAKE PRECEDENCE OVER, AND SHALL 24 NEVER BE SUBORDINATED TO, THE REQUIREMENTS OF THIS PARAGRAPH OR THE 25 PRESERVATION OF THE CORES OF EXISTING DISTRICTS. 26 S 7. QUALIFICATIONS OF MEMBERS OF THE LEGISLATURE. NO PERSON SHALL 27 SERVE AS A MEMBER OF THE LEGISLATURE UNLESS HE OR SHE IS A CITIZEN OF 28 THE UNITED STATES AND HAS BEEN A RESIDENT OF THE STATE OF NEW YORK FOR 29 FIVE YEARS AND, EXCEPT IF ELECTED A SENATOR OR MEMBER OF THE ASSEMBLY AT 30 THE FIRST ELECTION IN WHICH A READJUSTMENT OR ALTERATION OF THE SENATE 31 OR ASSEMBLY DISTRICTS BECOMES EFFECTIVE, OF THE SENATE OR ASSEMBLY 32 DISTRICT FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING HIS OR HER 33 ELECTION. NO MEMBER OF THE LEGISLATURE SHALL, DURING THE TIME FOR WHICH 34 HE OR SHE WAS ELECTED, RECEIVE ANY CIVIL APPOINTMENT FROM THE GOVERNOR, 35 THE GOVERNOR AND THE SENATE, THE LEGISLATURE OR FROM ANY CITY GOVERN- 36 MENT, TO AN OFFICE WHICH SHALL HAVE BEEN CREATED, OR THE EMOLUMENTS 37 WHEREOF SHALL HAVE BEEN INCREASED DURING SUCH TIME. IF A MEMBER OF THE 38 LEGISLATURE BE ELECTED TO CONGRESS, OR APPOINTED TO ANY OFFICE, CIVIL OR 39 MILITARY, UNDER THE GOVERNMENT OF THE UNITED STATES, THE STATE OF NEW 40 YORK, OR UNDER ANY CITY GOVERNMENT EXCEPT AS A MEMBER OF THE NATIONAL 41 GUARD OR NAVAL MILITIA OF THE STATE, OR OF THE RESERVE FORCES OF THE 42 UNITED STATES, HIS OR HER ACCEPTANCE THEREOF SHALL VACATE HIS OR HER 43 SEAT IN THE LEGISLATURE, PROVIDING, HOWEVER, THAT A MEMBER OF THE LEGIS- 44 LATURE MAY BE APPOINTED COMMISSIONER OF DEEDS OR TO ANY OFFICE IN WHICH 45 HE OR SHE SHALL RECEIVE NO COMPENSATION. 46 S 7-A. THE SENATE, ASSEMBLY AND CONGRESSIONAL DISTRICTS IN USE AT THE 47 TIME THAT THIS SECTION TAKES EFFECT SHALL CONTINUE IN USE AT THE GENERAL 48 ELECTION OF THE YEAR TWO THOUSAND TWELVE AND AT ANY SPECIAL ELECTION 49 HELD DURING THE YEAR TWO THOUSAND TWELVE, AT WHICH A VACANCY ARISING 50 WITHIN ANY SUCH DISTRICT IS TO BE FILLED. 51 S 2. RESOLVED (if the Assembly concur), That the foregoing amendment 52 be referred to the first regular legislative session convening after the 53 next succeeding general election of members of the assembly, and, in 54 conformity with section 1 of article 19 of the constitution, be 55 published for 3 months previous to the time of such election.